Robbery

Question 1

Robbery Liability

Answer 1

s234(1) CA 1961

• theft
• accompanied by violence OR accompanied by threats of violence
• to any person or property
• used to extort the property stolen OR prevent or overcome resistance to it being stolen

Question 2

Theft

Answer 2

sec 219 CA 1961

Dishonestly and without claim of right takes any property with intent to deprive any owner permanently of that property or any interest in that property

Question 3

Dishonestly definition

Answer 3

In relation to any act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

Question 4

R v Skivington

Answer 4

Larceny (or theft) is an element of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the elements in the offence of robbery, without proof of which the full offence is not made out

Question 5

R v Lapier

Answer 5

Robbery is complete the instant the property is taken even if the possession by the thief is only momentary

Question 6

R v Cox

Answer 6

Possession involves two elements. The first, the physical element, is actual or potential physical custody or control. The second, the mental element, is a combination fo knowledge and intention: knowledge int he sense of an awareness by the accused that the substance is in his possession; and an intention to exercise possession.

Question 7

To control definition

Answer 7

To exercise authoritative or dominating influence over it

Question 8

Any property definition

Answer 8

Section 2 Crimes Act 1961

Includes real and personal property, , any estate or interest in any real or personal property

Question 9

R v Maihi

Answer 9

It is implicit in ‘accompany’ that there must be a nexus between the act of stealing and the threat of violence. Both must be present, but need not be contemporaneous

Question 10

Peneha v Police

Answer 10

It is sufficient that the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort

Question 11

To extort definition

Answer 11

to obtain by violence, coercion, or intimidation or to extract forcibly